Personal Injury Claim Mistakes to Avoid
When a person has suffered injuries in an accident, those injuries can have quite an impact in all areas of their life and may warrant contacting a personal injury lawyer in Oak Creek, WI from Hickey & Turim, S.C. There are the medical treatments and expenses, as well as the potential for lost wages from being unable to work while recovering. This can cause much financial worry and stress for a victim. Depending on the extent of the injuries, the victim may also suffer from a lot of pain, hampering their ability to do day-to-day activities, as well as interfere with their overall quality of life.
Under Wisconsin law, accident victims can pursue lawsuits against those parties that are responsible for the incidents that resulted in their injuries. Along with the economic damages a victim suffers, a member of our team can also help the victim recover financial compensation for pain and suffering.
What Is Pain and Suffering?
There are several effects that can qualify as pain and suffering when it applies to damages in a personal injury lawsuit. Unlike medical bills or lost wages, there is not a definitive dollar amount that represents the loss, but pain and suffering can definitely cause quite a bit of loss for the victim. The following are some of the areas that a victim can be awarded damages for that fall under pain and suffering:
- Physical pain: Not only is a victim entitled to have all costs for pain management covered but they are also entitled to financial compensation for the impact that chronic pain has on their life.
- Emotional anguish: Accident injuries can have a profound impact on a victim’s emotional health. Dealing with chronic pain, limitations on physical abilities, or scarring, or any other changes to a victim’s physical appearance can cause depression, anxiety, PTSD, and other mental health issues.
- Inability to perform daily tasks: When a victim has suffered severe injuries, they may have a difficult time doing even simple tasks, such as taking care of things around their home or even their own personal care.
- Loss of enjoyment: Serious injuries can prevent a victim from engaging in many activities they enjoyed doing prior to the accident, such as playing sports, exercise, or other physical activities.
- Loss of consortium: In some cases, a spouse may be able to pursue a loss of consortium lawsuit against the at-fault party if their relationship with the victim has been significantly impacted because of the injuries.
How are pain-and-suffering damages calculated in a personal injury settlement?
Victims of negligence or wrongdoing are going to endure pain and suffering, and personal injury civil lawsuits as a means for these victims to pursue financial compensation for their trauma. But the injured party is the only one that knows the extent of their pain and suffering no matter whether it is physical, mental or emotional. Pain-and-suffering is difficult to quantify, because it is noneconomic damage. So how is such a subjective figure calculated when determining a general compensatory damages within a personal injury lawsuit?
Pain-and-suffering is legally as for the physical or emotional distress that a plaintiff may suffer following an accident. This term is abstract and can come in many forms, because it can include physical and emotional pain. Physical pain is often straightforward and can include broken and fractured bones, lacerations, traumatic injuries, spinal cord injuries and more. However emotional and mental injuries can include post traumatic stress, grief, fear, insomnia, depression and more and these things are much harder to quantify and attach a price to.
The pain-and-suffering multiplier method is a method for calculating pain-and-suffering which is the most common approach. This method involves adding all special damages and multiplying that figure by a certain number which is typically between 1.5 and five, and three is typically the median. Special damages or any losses that are easily calculable and they can include expenses, such as Nicholas, lost wages and property damage. Determining the multiplier between 1.5 and five that is going to be used to multiply the total economic damages depends on a number of factors that are relative to the case.
So to determine the multiplayer, if you experience severe catastrophic injuries following the accident and you’re facing lifelong medical care, loss was due to disability and a reduced quality of life than the multiplayer is going to be upwards of 4 or 5. However if you only sustained some serious injury such as broken bones or lacerations but you can recover from these injuries, then you are probably going to hit the median or below.
The pain-and-suffering per diem method is another common method for calculating pain-and-suffering. The objective in using this method is to demand a specific dollar amount for each day the plaintiff experiences pain-and-suffering due to the accident. However the expansive drawback to this is the challenge in justifying the daily rate.
This is because even if you and your lawyer have decided that this amount is suitable for your injuries and damage that you have sustained and are living with, you have to be able to prove it to a judge to get that amount paid out. Typically the daily rate is determined based on the injured plaintiff’s daily earnings, and turning might argue that the injured party earned prior to the accident as a reasonable figure that should be applied.
Other Types of Compensation in Personal Injury Accidents
Pain and suffering is certainly not the only thing people file for in personal injury cases. There are many other damages that it is important to seek in an accident that occured due to someone else’s negligence. Some of the most common include:
- Compensation for medical bills and other costs associated with your injuries. This can include physical therapy, doctor appointments, visits to the emergency room, prescription medications, chiropractic care, and other pain management treatments. It may also include reconstructive surgeries and anything else that you need to get your life as close to normal as possible. Your lawyer may also want to file for extra damages for future treatments that you may need. This is more difficult to calculate, as you do not yet have receipts for these treatments, but you should not be financially responsible for anything that you need to pay for because of this accident.
- Compensation for damaged property. In a car accident this would include your vehicle and anything inside that was damaged. In other accidents this could include items that you were carrying or that were on your person when you were involved in the accident.
- Compensation for lost wages due to missed work. This can be work you have already missed or even future work. For example, if you are unable to perform certain tasks at your job since the accident, you should not be punished for this. You deserve to still make the same amount that you were making before you were injured.
There are many other things that you can file for depending on the details of your case. Do not hesitate to reach out to one of our experienced lawyers to go over your case today.
Do Not Hesitate to Reach Out
You need to contact an experienced personal injury lawyer as soon as you are injured. This is important because you cannot miss the statute of limitations for filing if you want to have a chance of getting compensation. If you miss the deadline, your case will be thrown out. By contacting a lawyer from Hickey & Turim, S.C., you are ensuring we will take care of all the necessary paperwork to ensure you can have a chance of getting compensation for your injuries. We will file paperwork, speak to other parties on your behalf, and give you advice throughout the entire case to determine what the next steps should be.
Hiring a personal injury lawyer is risk-free because we will do a free initial consultation for you, then we will only take payment if we win your case for you. We work on a contingency fee basis, which means that we will agree on a percentage that we will take from your winnings if we win the case for you. If we do not, you do not owe us anything for the time, money, and resources that we put into your personal injury case. You have a much greater chance of getting greater compensation with a knowledgeable lawyer on your side, which is why it is so important to hire us for your case.
What About Lost Wages?
If you were hurt in a car accident, everything can change in an instant. If you sustained injury, then this means not only medical care must be sought, but that you are likely to miss work because of it. For many, being able to recover fully means being away from work for quite some time after the accident. So the question remains, can you get paid for missing work because of the car accident?
In general, the answer is yes. Our team believes that just because you happened to be in the wrong place at the wrong time, that doesn’t mean you should have to suffer because someone else was reckless on the road. You may be entitled to wage loss repayment, which is a common type of compensation.
To put it simply, lost wages are earnings you would have received had you not been involved in the car accident. For instance, if you sustained a broken bone, then you will likely have to miss out on work in the short-term, and may have to slowly ease your way back into normal work duties over time. If your injuries are even more severe than that, then you may be out of work until further notice.
Calculating and proving lost wages after a car accident can be difficult without help from a legal professional. The truth is, most people just don’t understand their options in pursuing compensation after a personal injury incident. When proving your lost wages, you may need the following:
- Letter from your employer to verify the dates that you missed work due to injury recovery. It can help your lawyer if you also have proof of hourly wage and salary in the form of pay stubs.
- Letter from your doctor that goes into detail about your injury condition, treatments, and recovery process. The letter should have information about how your injuries hinder your ability to perform job duties.
Lost wages are usually covered by an insurance company. If the other driver was at fault for the accident, then that driver’s insurance company would be responsible for covering your lost wages. In other serious cases, you may have to file a lawsuit against the other driver directly, where the driver’s personal finances would contribute to compensating your lost earnings.
You Can Help Your Lawyer by Collecting and Filing Documents for Your Personal Injury Claim
During personal injury claims processes, attorneys and clients have numerous documents to gather, organize and submit to insurance companies. Keeping track of necessary paperwork can be very overwhelming for accident victims who may be coping with injuries as well as lost wages from missing work. Staying on top of the requirements, however, can help to ensure that a Wisconsin personal injury lawyer in Oak Creek has all the information needed to present a strong case for sufficient compensation.
Collect and File Documents for Your Claim
Depending on the severity of your injuries, you may collect some evidence on your own that will help your case. If you were at the accident scene for a significant amount of time waiting for medical treatment, you may have been able to take photos or talk to witnesses. If you weren’t at the scene because you were whisked away in an ambulance due to your injuries, you can focus on gathering your treatment reports. Make sure you have a safe place to file your documents and start collecting the following items for your attorney at Hickey & Turim SC.
Make sure you receive any reports, including any evaluations or progress notes from physicians and specialists. Include any comments about your injuries from other doctors if you sought second opinions.
Bills and Invoices
Set up an organization system for stashing medical bills, explanation of benefits forms, prescription medication receipts and any other receipts for out-of-pocket expenses. Make at least one copy of each document so you can send one to your lawyer, and keep the other one filed at home.
A personal injury lawyer recommends that you keep a narrative record during your recovery from accident injuries. You can use a journal for handwritten notes about your condition and how your injuries are impacting your life. Include daily statements about how you are feeling, which may help support pain and suffering damages. You can also use your journal to record your attendance at each medical appointment.
Photos and/or Video If You Were Able To Stay on the Scene
If you stayed on the scene and you were able to take pictures or video with your cell phone, you can submit them as evidence. Your photos might include witnesses, road conditions and damage to cars or property.
Several W2 Forms
Your W2 forms will help verify your loss of income from not working. Also, make copies of your W2s to submit and keep the originals with your personal records.
You’ll likely talk to your insurance company while you pursue a claim, so you should keep any phone records or letters of your communications with them. Also, make a few copies of your insurance card so you can include one in your claim paperwork.
There are other documents needed for an injury claim or lawsuit, such as police reports, that you may need help to obtain. The items discussed here are somewhat easier for you to gather. When seeking a personal injury lawyer, look to Hickey & Turim SC, who have the experience in collecting and preparing evidence to present a strong argument for your compensation.
Why You Need a Personal Injury Lawyer After an Accident
Many people put off hiring a personal injury lawyer in Oak Creek, WI after an injury for a variety of reasons. Here are four reasons why you shouldn’t wait to contact a lawyer with Hickey & Turim, S.C.
1. There is a Deadline to File
Personal injury lawsuits have a statute of limitations. This means that you only have a certain amount of time to file a claim following an accident. If you miss this deadline, you may miss out on getting compensation for your current injuries, as well as for any future medical care that you may need as a result of the accident. A personal injury lawyer in Oak Creek, WI can let you know when the deadline is for you to file your case and can help you make sure you meet it.
2. You May Need Help Building Your Case
There are a lot of things that you have to gather before you can file your claim. There is evidence of the accident, proof of your injuries, and documentation of lost wages or other factors. Some of this can be collected by you, but you may need your Hickey & Turim, S.C. lawyer to help you pull everything together. This can be very helpful if your injuries are making it hard for you to focus or to get around.
3. There is No Financial Risk to You
Hiring a personal injury lawyer may seem like an expensive option, especially when you may already be facing a lot of medical bills. Many lawyers will work on what’s called a contingency basis. This means that your lawyer won’t get paid unless you win your case. There are no upfront costs to you, so there is no financial risk to contacting a lawyer with Hickey & Turim, S.C. and asking for a review of your case.
4. You Deserve To Be Compensated for Your Injuries
If you have been injured by someone else’s action, then you deserve to be compensated for that. This can include covering your current and future medical bills, paying you out for pain and suffering, and replacing property that was lost as a result of the accident. You would not have incurred those costs if someone else did not cause your injuries, so you shouldn’t have to shoulder the financial burden alone. Let your personal injury lawyer in Oak Creek, WI help make you whole again.
Why You Should Hire a Personal Injury Lawyer
You May Not Understand the Extent of Your Injuries
After you are injured, it can take some time to determine the extent of your injury. You may need to seek specialists for different issues as well. You can be reimbursed for these medical costs, but you may also be eligible for other damages, including replacing a vehicle in the case of a car accident. You may also be entitled to lost wages, pain and suffering and future care needs.
When you work with a personal injury lawyer in Oak Creek, WI, your attorney will help you determine what expenses you can ask for in a settlement or award. Personal injury firms, e.g., Hickey & Turim SC, can also help you assess both compensatory and punitive damages.
You Have To Work With Insurance Companies
As for-profit businesses, insurance companies don’t typically have your best interests at heart. In fact, their goal is to pay as little of your claim as possible, and if they can get away with paying nothing, they will. This is why many personal injury claims are initially denied. These companies also have large teams of lawyers who are ready to fight.
When you have a personal injury lawyer in Oak Creek, WI, you put yourself on an even playing field with the insurance company. Through a personal injury law firm, such as Hickey & Turim SC, you get an advocate who is adept at negotiating with insurance companies. These professionals are also skilled at presenting persuasive cases in court to a judge and jury.
You don’t have to accept the first communication you receive from an insurance company, and you don’t have to even communicate with these businesses if you have an attorney advocate. You will also have someone to help you during interviews or depositions with insurance companies and others involved in the case.
Personal Injury Claims Have Stringent Regulations
Did you know that you need to take specific steps to file a valid personal injury claim? Some states even have procedures that you must follow before your claim is even investigated. You have to fill out paperwork and may have to get an inspection. Your medical information may have to be shared with investigators, and it will have to be shared with the insurance companies.
If you have a personal injury lawyer in Oak Creek, WI, your attorney will ensure that all the appropriate procedures are followed. You will receive guidance on what to do next. These individuals also understand when papers need to be filed and what the statute of limitations is for your claim so you have a chance of recovering damages.
Call Our Office Today
All of the above issues can fall under pain and suffering damages in a personal injury lawsuit. To learn more and to find out how a personal injury lawyer Oak Creek, Wisconsin can help, contact Hickey & Turim, S.C. today.
What is a Personal Injury Lawyer?
The purpose of a personal injury lawyer is to represent plaintiffs in court to attempt to get compensation for their losses. A personal injury lawyer Oak Creek, WI like Hickey & Turim, SC can specialize in individual cases, like car accidents, medical malpractice, workers’ compensation claims, etc., or work as an insurance defense attorney who defends businesses accused of negligence against their customers for medical bills or property damage.
What does a personal injury lawyer do?
The job of a personal injury lawyer Oak Creek, WI is not easy, as they should work hard to establish the liability of an individual or organization, prove how much damage has been inflicted on their clients’ lives, and win the case so that compensations could be paid by either party.
Personal injury attorneys must have excellent communication skills, present accurate facts, and figures, and convince judges and juries to side with their clients.
Additionally, specialists in this field need to know how insurance companies work together and what strategies they use to avoid paying out. Clients should also be able to establish strong connections with their lawyers and receive good legal advice that will help them achieve the desired results at the end of a case.
What are some common types of cases handled by personal injury lawyers?
Accidents happen every day and, more often than not, they are completely unforeseen. When an accident leads to injuries, the victim may need to seek legal assistance to help cover the costs of medical care and other damages. There are a number of types of cases that personal injury lawyers commonly handle.
Here are some common types of cases handled by personal injury lawyers:
1) Car Accidents – If you have been injured in a car accident, a personal injury lawyer can help you file a claim against the other driver’s insurance company.
2) Medical Malpractice – If you have been injured as a result of medical malpractice, a personal injury lawyer Oak Creek, WI can help you file a claim against the doctor or hospital responsible.
3) Dog Bites – If you have been bitten by a dog, a personal injury lawyer can help you file a claim against the dog owner.
4) Slip and Fall – If you have been injured because of another’s negligence, a personal injury lawyer can help you file a claim against the property owner.
5) Defective Drugs – If you have been hurt by defective drugs or medical devices, a personal injury lawyer can help you file a claim against the manufacturer.
6) Construction Site Injuries – If you have been injured while working on a construction site, a personal injury lawyer Oak Creek, WI can help you file for compensation through your employer’s workers’ compensation policy if it covers accidents that happen off-site.
Why should I hire a personal injury lawyer?
There are a number of reasons why you might want to hire a personal injury lawyer Oak Creek, WI if you have been injured in an accident. Personal injury lawyers have the knowledge and experience necessary to help accident victims get the compensation they deserve for their injuries. They can also help speed up the legal process, making it easier for you to receive the money you need to pay for medical bills and other expenses.
Hiring a personal injury lawyer may be the best decision you ever make. Hickey & Turim, SC will walk you through the legal process, help you get the best possible outcome for your case, and ensure that you are fairly compensated for your injuries.